logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.04.22 2015구합2582
취득세등부과처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On April 18, 2007, the Plaintiff established and operated the Gyeongnam Information University as a non-profit educational foundation with the aim of higher education. On February 14, 2012, the Plaintiff acquired land 1465 square meters in Busan High-dong, Busan High-dong, Busan High-do, and newly constructed a building with the 2nd underground floors, 18th ground floors, and 49,975.56 square meters in total area on the ground of the above land (hereinafter “instant building”).

B. The Plaintiff was exempted from acquisition tax, special rural development tax, etc. pursuant to Article 41(1) of the former Restriction of Special Local Taxation Act (amended by Act No. 11618, Jan. 1, 2013; hereinafter the same) by reporting that it acquired the instant real estate to use for school business on May 31, 2012.

C. On June 4, 2013, the Plaintiff entered into an industry-academic cooperation agreement with the Korean Film Council with the following content: (a) providing 13 and 14 floors of the instant building to the Korean Film Council for five years (hereinafter “instant real estate”); and (b) having to receive KRW 360 million per annum from the Korean Film Council as the development fund.

On April 10, 2014, the Defendant imposed and notified the Plaintiff the acquisition tax of KRW 1,096,790,460, registration tax of KRW 104,598,200, special rural development tax of KRW 70,813,870, local education tax of KRW 71,857,380, total of KRW 1,34,059,910, on the ground that “acquisition tax of real estate acquired by a school foundation is subject to additional collection due to not using it directly for the purpose of education” under the proviso to Article 41(1) of the former Restriction of Special Local Taxation Act.

E. On July 4, 2014, the Plaintiff filed an objection with Busan Metropolitan City. On September 26, 2014, Busan Metropolitan City made a decision to rectify the amount imposed as above as acquisition tax of 230,432,070 won, registration tax of 21,975,740 won, special rural development tax of 14,687,270 won, local education tax of 14,687,270 won, local education tax of 14,92,680 won, total of 282,087,760 won.

(hereinafter the Plaintiff’s disposition, including acquisition tax, etc., issued on April 10, 2014, is the instant disposition (hereinafter “instant disposition”). The Plaintiff is dissatisfied with the instant disposition, to the Tax Tribunal on December 24, 2014.

arrow